Axiology of the Civil Law Principles in Modern Conditions

Abstract

The study examines the problem of the principles of civil law in the context of the author’s conceptual standings concerning the principles and methods of civil law and their axiology, as well as in connection with modern changes of socio-economic and legal nature. The aim of the study was to establish axiological significance of the principles of civil law in modern conditions, including economic and legal transformations associated with the coronavirus pandemic and digitalization of society. The methodology of the study was based on general scientific and private scientific methods of cognition. Among them, a large role is assigned to the historical-legal and comparative-legal methods. In addition, the author analized domestic jurisprudence from the perspective of the problems posed in the paper. The author substantiates the definition of an independent category «axiology of principles of civil law» and describes its characteristic features. The author elucidated the axiology of principles in theoretical and practical aspects. It is concluded that the axiological meaning of the principles of law is constant and stable, does not depend on historical or socio-economic conditions. In a variety of situations, including the coronavirus pandemic or widespread digitalization of society, the principles of civil law retain their value and are able to solve specific theoretical and practical problems. An essential role in this case will belong to the pedagogical function of the principles. According to the author, it is the pedagogical function of law that is currently being implemented to a lesser extent than the rest functions. Students, and then future lawyers, are not always able to interpret the norms of legislation in the context of the principles of civil law and the basic meaning of legislation.